Santokh Singh vs State of Punjab

Mehinder Singh Sullar J.—Invoking the provisions of Section 439 of the Criminal Procedure Code, Petitioner Santokh Singh son of Jit Singh, has filed the present petition for regular bail, in a case registered against him, vide FIR No. 42 dated 10.9.2010 (Annexure P1) on accusation of having committed the offences punishable under Sections 406 and 420 IPC, by the police of Police Station Talwandi Chaudhrian, District Kapurthala.

Notice of the petition was issued to the State.

After hearing the learned Counsel for the parties, going through the record with their valuable assistance and after bestowal of thoughts over the entire matter, to my mind, the present petition deserves to be accepted in this context.

It is not a matter of dispute that the offences alleged against the Petitioner are triable by the Court of Magistrate. As even charges have not yet been framed against the accused, therefore, the conclusion of trial would naturally take long time. The Petitioner was arrested on 10.9.2010 and since then he is in judicial custody. No useful purpose would be served to further detain him in jail. Moreover, there is no history of previous involvement of the Petitioner in any such case.

So, taking into consideration the totality of the facts and circumstances, emanating from the record, as narrated here-in-above, to me, the present Petitioner is entitled to regular bail in the obtaining circumstances of the instant case.

In the light of the aforesaid reasons and without commenting further anything on merits, lest it may prejudice the case of either side during the course of the trial of the case, the Petitioner is directed to be released on bail on his furnishing bail and surety bonds to the satisfaction of trial Court.

The instant petition is disposed of accordingly.